Welcome to Heyweek! This document (the “Terms,” "Terms of Use") outlines your rights and responsibilities when using our website, services, and software platform (collectively, the "Services") and constitutes a legal agreement between you and Cultivate Connection Inc., and its related entities and affiliates (collectively, “Heyweek,” “we,” or “us”)
If you are under the age of 17, you may not use Heyweek. If you are under the age of 18, you confirm that you have received parental consent to use our Services and that you are otherwise fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties in this document and to abide by and comply with these Terms. If Heyweek believes you are underage or otherwise ineligible, we may terminate the Services without warning.
The Services will be provided by Heyweek in accordance with the Terms. We reserve the right to discontinue the Services or to modify its features without prior notice. There are some requirements for using the Services, including compatible devices, Internet access (fees may apply), and certain software (fees may apply), and updates or upgrades may be needed from time to time. Malfunctioning hardware, software, or Internet connection may prevent you from effectively using the Services. We recommend that you use a high-speed Internet connection. Because of this, you acknowledge and agree to be responsible for those system requirements, which are subject to change at any point in time.
Registration is required to use our services. You need to register and provide personal information. You are responsible for the accuracy of the information. The security of your username and password are your sole responsibility, and you agree not to disclose your username or password to any third party.
A “Client” refers to the organization you represent in conforming to the Agreement. If your Company Account has been created by an individual who is not associated with an organization, that individual is the Client of the account. For example, if you created an account using a personal email address and invited friends or family to play any of our activities, you are the Client. (Notice: There can only be one client)
If you create an account with your organization's email, your organization will become the Client; The Client authorizes individuals part of the organization to access the Services ( "Authorized Users" or "Users" or "Participants") these may submit, share or create content or information ("User Content"). By creating an account using an Organization's domain, you represent that you are authorized to sign up in that capacity.
In connection with the Service, we invite you to provide feedback and ideas about the Service, including without limitation about how to improve the Service or our products ("Feedback"). The Feedback you provide to Heyweek will not bind Heyweek in any way, and we will not owe you any additional compensation for utilizing the Feedback. You agree that any feedback that you provide is gratuitous, voluntary, and without restriction, that Heyweek will not be bound in any way by your contribution, and that we are free to use the Feedback without any additional compensation to you. This includes disclosure to others. By accepting your idea, you acknowledge that Heyweek may still use ideas similar to yours. These ideas may have been previously used by Heyweek, developed by Heyweek staff members, or obtained from sources outside of Heyweek.
As part of this agreement, you agree that we may record and store your sessions solely for quality assurance, training, and security purposes. If you do not want your session recorded, please do not join the activity session.
User-Generated Content (UGC) is defined as any content, material, data, and information that you create, upload to, or transmit through our Service, or that is extracted from your profile on Third Party Services, including, but not limited to, text, Gifs, images, stories, photos, music, audio, video, drawings, sketches, and game questions. In the course of using the Services, you are solely responsible for any content you submit, display, or upload ("User-Generated Content"). Under no circumstances should you use Heyweek to communicate any message or post UC that threatens an individual or group, promotes suicide or self-harm, is offensive, false, threatening, sexually suggestive, or discriminatory, infringing the intellectual property rights of other Participants, facilitates criminal or otherwise illegal activity which is punishable by law, under any applicable law or regulation. Further, you are prohibited from uploading or transmitting any software, content created by other users, or third-party content or code that may damage, disable, destroy or adversely affect the performance of our services in any way or which is intended to damage or extract information or data from our users, third-party partners, hardware, software or networks of Heyweek.
By using the Service, you represent and warrant that: (a) the UGC you post on, through or in connection with the Service is yours, or you otherwise have the right to grant the license set forth in this Section; (b) your posting of UGC through, on, or in connection with the Service doesn't violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights. You are entirely responsible for paying any royalties, fees, or other payments that are owed to any person or entity as a result of UC posted on the Service by you.
By using Heyweek, you automatically agree to comply with all applicable laws and regulations, including anti-spam legislation, export restrictions, and privacy protection, as well as laws and regulations related to video and audio recording, for which you alone are responsible.
You are liable for the content of others. You accept and understand that Heyweek is not legally responsible for the conduct of any Client or Participant when you use our services, you may be exposed or have access to content created or provided by other users of the Services. Other Users may violate one or more of the prohibitions in these terms. Any such violation will not be our responsibility or liability.
We will continue to provide the Services to you until either the Client's subscription expires or terminates, the "User" account is deleted or disabled, or we terminate your access to the Services.
By accessing and using the Website or Services, you authorize us to monitor your compliance with these Terms and the Privacy Policy. The Company may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement. You also agree to these Terms of Use and authorize us to monitor your organization account. Heyweek reserves the right to investigate any or all actions related to your Heyweek account, and you agree to cooperate with any investigation Heyweek may need to conduct
Service changes. We reserve the right to modify, suspend, or discontinue our Services (or any part thereof) at any time, for any reason, including if, in our sole judgment, you violate any of the provisions of this Agreement, without notice and without any liability to you or any third-party for any claims, damages, costs, or losses resulting therefrom.
We reserve the right to investigate and take any necessary action against anyone who, at the discretion of the Company, is suspected of violating this Section, including, but not limited to, referring the matter to law enforcement authorities. Service usage is forbidden in places where it is prohibited. Any User Content that violates this provision is not our responsibility, Heyweek may delete such UC without notice upon becoming aware of it, at any time.
Please contact us via email at hello@heyweek.com if you believe that any UGC violates these terms.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
API Access Restrictions. As part of provision of its Service, Heyweek may provide Customer with access to one or more application program interfaces (“API(s)”). Heyweek may, in its sole discretion, set and enforce limits on Customer’s use of the API and Customer agrees to adhere to such limits. Heyweek may also suspend Customer’s access to the API or cease providing the API at any time.
Third-Party Applications. The Service may work together with third party products, services or applications that are not owned or controlled by Heyweek, (e.g., Google) (“Third-Party Applications”) and Customer, at its sole option, may choose to use such Third-Party Applications. If necessary for the Service and the Third-Party Application to work together, Customer will provide its login information to Heyweek for the sole purpose of Heyweek providing the Service to Customer and Customer represents and warrants that Customer has the right to provide such login information without breach by Customer of any of the terms and conditions that govern Customer’s use of the applicable Third-Party Application. Heyweek does not endorse such Third-Party Applications. Customer acknowledges and agrees that this Agreement does not apply to Customer’s use of such Third-Party Applications and Customer be required by the providers of such Third-Party Applications to enter into separate agreements for Customer’s use. Heyweek expressly disclaims all representations and warranties relating to any Third-Party Applications. Customer will look solely to the providers of the Third-Party Applications for any warranty related issues or other claims. Customer’s use of Third-Party Applications is at Customer’s own risk. Heyweek will have no liability or other obligation of any kind arising out of or related to any third-party applications, including arising from Customer’s use or inability to use Third-Party Applications.
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Sweden, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Subject to conflict of law principles, these Terms and your use of the Website and Services are governed by and construed in accordance with the laws of the country of Sweden, without regard to its conflict of laws rules. You agree that any action or proceeding arising out of or in connection with the Agreement shall be brought only in Sweden, and not in any other country
We will not get involved in legal disputes between Users and Clients or between Users and third parties. Heyweek is not responsible for and has no obligation to resolve, any disagreement between you and any third party. This limits your legal rights, including your right to file a lawsuit in court. You waive your right to trial by jury and your right to participate in a class action proceeding.
NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING INCLUDED WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, ELIGIBILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE NOT DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OBTAINED THROUGH THE SERVICE OR THAT ERRORS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. WE WILL NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
You hereby release and hold the company its affiliates, officers, directors, employees, consultants, agents, suppliers, and resellers harmless from any claim, dispute, demand, or cause of action that you have or may have arising out from your use of the services, your violation of these terms or the infringement or violation by you or any other user of your account, or in any way connected with the services.
Your data privacy and security are important to us. By using our Services, you agree to be bound by our Privacy Policy. Please be advised the Site and Services is hosted in the European Union. If you access the Site and Services from outside of the European Union, then through your continued use of the Site and Services, you are transferring your data to the European Union, and you expressly consent to have your data transferred to and processed in the European Union.
Your data privacy and security are important to us. By using our Services, you agree to be bound by our Privacy Policy which may be found at this website and which is incorporated into these Terms by this reference. The services are hosted in the European Union. If you access Heyweek from outside the European Union with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the European Union, then through your continued use of the Site and Services, you are transferring your data to the European Union, and you expressly consent to have your data transferred to and processed in the European Union.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.
